                                 CODE OF VIRGINIA

RETIRED LAW-ENFORCEMENT OFFICERS; CARRYING A CONCEALED HANDGUN (§ 18.2-308.016)

A. Except as provided in subsection A of § 18.2-308.012, § 18.2-308 shall not
apply to:

   1. Any State Police officer retired from the Department of State Police, any
   officer retired from the Division of Capitol Police, any local law-enforcement
   officer, auxiliary police officer or animal control officer retired from a
   police department or sheriff&#8217;s office within the Commonwealth, any
   special agent retired from the State Corporation Commission or the Virginia
   Alcoholic Beverage Control Authority, any employee with internal
   investigations authority designated by the Department of Corrections pursuant
   to subdivision 11 of &#xA7; 53.1-10 retired from the Department of
   Corrections, any conservation police officer retired from the Department of
   Wildlife Resources, any conservation officer retired from the Department of
   Conservation and Recreation, any Virginia Marine Police officer retired from
   the Law Enforcement Division of the Virginia Marine Resources Commission, any
   campus police officer appointed under Article 3 (&#xA7; 23.1-809 et seq.) of
   Chapter 8 of Title 23.1 retired from a campus police department, any retired
   member of the enforcement division of the Department of Motor Vehicles
   appointed pursuant to &#xA7; 46.2-217, and any retired investigator of the
   security division of the Virginia Lottery, other than an officer or agent
   terminated for cause, (i) with a service-related disability; (ii) following at
   least 10 years of service with any such law-enforcement agency, commission,
   board, or any combination thereof; (iii) who has reached 55 years of age; or
   (iv) who is on long-term leave from such law-enforcement agency or board due
   to a service-related injury, provided such officer carries with him written
   proof of consultation with and favorable review of the need to carry a
   concealed handgun issued by the chief law-enforcement officer of the last such
   agency from which the officer retired or the agency that employs the officer
   or, in the case of special agents, issued by the State Corporation Commission
   or the Virginia Alcoholic Beverage Control Authority. A copy of the proof of
   consultation and favorable review shall be forwarded by the chief, Commission,
   or Board to the Department of State Police for entry into the Virginia
   Criminal Information Network. The chief law-enforcement officer shall not
   without cause withhold such written proof if the retired law-enforcement
   officer otherwise meets the requirements of this section. An officer set forth
   in clause (iv) who receives written proof of consultation to carry a concealed
   handgun shall surrender such proof of consultation upon return to work as a
   law-enforcement officer or upon termination of employment with the
   law-enforcement agency. Notice of the surrender shall be forwarded to the
   Department of State Police for entry into the Virginia Criminal Information
   Network. However, if such officer retires on disability because of the
   service-related injury, and would be eligible under clause (i) for written
   proof of consultation to carry a concealed handgun, he may retain the
   previously issued written proof of consultation.

   2. Any person who is eligible for retirement with at least 20 years of service
   with a law-enforcement agency, commission, or board mentioned in subdivision 1
   who has resigned in good standing from such law-enforcement agency,
   commission, or board to accept a position covered by a retirement system that
   is authorized under Title 51.1, provided such person carries with him written
   proof of consultation with and favorable review of the need to carry a
   concealed handgun issued by the chief law-enforcement officer of the agency
   from which he resigned or, in the case of special agents, issued by the State
   Corporation Commission or the Virginia Alcoholic Beverage Control Authority. A
   copy of the proof of consultation and favorable review shall be forwarded by
   the chief, Commission, or Board to the Department of State Police for entry
   into the Virginia Criminal Information Network. The chief law-enforcement
   officer shall not without cause withhold such written proof if the
   law-enforcement officer otherwise meets the requirements of this section.

   3. Any State Police officer who is a member of the organized reserve forces of
   any of the Armed Services of the United States or National Guard, while such
   officer is called to active military duty, provided such officer carries with
   him written proof of consultation with and favorable review of the need to
   carry a concealed handgun issued by the Superintendent of State Police. The
   proof of consultation and favorable review shall be valid as long as the
   officer is on active military duty and shall expire when the officer returns
   to active law-enforcement duty. The issuance of the proof of consultation and
   favorable review shall be entered into the Virginia Criminal Information
   Network. The Superintendent of State Police shall not without cause withhold
   such written proof if the officer is in good standing and is qualified to
   carry a weapon while on active law-enforcement duty.

   4. Any retired or resigned attorney for the Commonwealth or assistant attorney
   for the Commonwealth who (i) was not terminated for cause and served at least
   10 years prior to his retirement or resignation; (ii) during the most recent
   12-month period, has met, at his own expense, the standards for qualification
   in firearms training for active law-enforcement officers in the Commonwealth;
   (iii) carries with him written proof of consultation with and favorable review
   of the need to carry a concealed handgun issued by the attorney for the
   Commonwealth from whose office he retired or resigned; and (iv) meets the
   requirements of a &#8220;qualified retired law enforcement officer&#8221;
   pursuant to the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C.
   &#xA7; 926C). A copy of the proof of consultation and favorable review shall
   be forwarded by the attorney for the Commonwealth to the Department of State
   Police for entry into the Virginia Criminal Information Network.

B. For purposes of complying with the federal Law Enforcement Officers Safety
Act of 2004, a retired or resigned law-enforcement officer, including a retired
or resigned attorney for the Commonwealth or assistant attorney for the
Commonwealth, who receives proof of consultation and review pursuant to this
section shall have the opportunity to annually participate, at the retired or
resigned law-enforcement officer&#8217;s expense, in the same training and
testing to carry firearms as is required of active law-enforcement officers in
the Commonwealth. If such retired or resigned law-enforcement officer meets the
training and qualification standards, the chief law-enforcement officer shall
issue the retired or resigned officer certification, valid one year from the
date of issuance, indicating that the retired or resigned officer has met the
standards of the agency to carry a firearm.

C. A retired or resigned law-enforcement officer, including a retired or
resigned attorney for the Commonwealth or assistant attorney for the
Commonwealth, who receives proof of consultation and review pursuant to this
section may annually participate and meet the training and qualification
standards to carry firearms as is required of active law-enforcement officers in
the Commonwealth. If such retired or resigned law-enforcement officer meets the
training and qualification standards, the chief law-enforcement officer shall
issue the retired or resigned officer certification, valid one year from the
date of issuance, indicating that the retired or resigned officer has met the
standards of the Commonwealth to carry a firearm. A copy of the certification
indicating that the retired or resigned officer has met the standards of the
Commonwealth to carry a firearm shall be forwarded by the chief, Commission,
Board, or attorney for the Commonwealth to the Department of State Police for
entry into the Virginia Criminal Information Network.

D. For all purposes, including for the purpose of applying the reciprocity
provisions of &#xA7; 18.2-308.014, any person granted the privilege to carry a
concealed handgun pursuant to this section, while carrying the proof of
consultation and favorable review required, shall be deemed to have been issued
a concealed handgun permit.

HISTORY: 2016, cc. 209, 257, 421; 2017, cc. 101, 243, 689; 2018, c. 669; 2020,
c. 958.